The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1887-01-28
TME sWoRD OF THE law
Broken by Him Who Should
Wield 1t.
New MIssissippian.

New Mssissippian.
The cry of murder rang out ON
the dark air in the little town of
Rolling Fork, on the night OF Aug.
10, 1881, aud the heart Of every Que
was shocked aSthe rumor flew from
tremulouS lip 10 lip that one OF the
towns best citizens had been shot
down ia cold blood by an assassin's
bullet. This is the story of the
tragedy aud crime:
LII the spring OF 1881, Chas. NJ.
Murphy was Mayor OF Rolling
Fork. During his term OF Office, j.
A. Thomas was tried and convicted
Oh he charge Of being drunk and
disOrderiy, and sentenced to fifteen
days Imprisonment. The accused
insOlently defied the officers of the
law, and prevented AN execution OF
the sentence. On this failure OF the
officers to do their duty, Murphy
resigned, but Thomas, unsatiSfied
with this victory over the law aud
order, is said to have entered Muir
phys business OfIice,aud with drawn
and brandished pistol heaped
curses and abuse upon his head.
This difficulty, however, was af-
tcrwarGs adjusted in writing and
Murphy consistently lived up to
the agreement.
On the night of Aug. 10Th, 1881,
Murphy aud Thomas attended so
clal entertainment given by the
children at the Couit House. The
crowd had assembled, and dancing
I was aboutt0 begin, when IL pistol
I shot was heard on the gallery,
quickly followed by the groanS of
dying mau. Investigation showed
that Thomas had killed Murphy by
shooting him IN the back.
Thomas Immediately tied but was
captured in Arkansas, and brought
back tor trial. Such was the lndIg-
nation of the citizens, that they
voluntarily subscribed % large sum
and employed eminent counsel to
aid the District Attorney in
Thomas prosecution.
The accused summoned to his aid
five of the ablest criminal lawyers
of the Mississippi bar, who ex
hausted every resource of elO.
quencc, ingenuity and legal tech
nicalily 10 save their client from
the rope or pentenIilry. Ia vain.
A lite sentence was passed upon
him. The case was appealed to the
Supreme Court and heard at the
October term, 1888.
Though there was error IN the |
proceedings below, it affirmed the
Judgment, using the following Ian
gnage, found on page 50 Of the 6lSt |
vol. of Miss. reports:
''The defendant states that while
sitting at one end of the gallery he
suddenly perceived the deceased
sitting on the steps at the other end
with his back toward the building.
As soon as he recognized the lie
ceased, he drew bis pistol, placed 1t
in the pocket OF his duster and ad-
vauced toward tbe deceased until |
he was within Il few feet OF him
and then halting behind, and a
little TO the left OF him, said: Now |
Tm ready for you 10 shoot De
ceased instantly rose, throwing his !
band behind, or TO his side, and
the defendant at once fired. The !
ball struck the deceased IN the |
back two inches to the lett of tue |
back bone. This is defendants |
vprsion.J
Upon these facts the court added.
s'He who slays another in duel,
whether formal, CT suddenly i'm
prov ised, however fairly conducted,
is legally a murderer; but he who
walks np behind an antagonist un-
aware OF his presence, and Invites
or challenges him to fight, and then
shoots him in the back before he
eau turn or draw a weapon is not
ansassassin.
taking the defendants
own testimony as absolutely true,
The verdict was correct and the
Judgment is affirmed
Notwithstanding the aggravated
character of the deed, and The
further fact that Thomas had only
served ssabOut three years, Gov.
Lowry preStitnted executive elem
sncy, and pardOned him Oh Satur-
lay last.
Almost literally, week after week,
aud month after month, MisslSsip
Dians have viewed with astOnish-
nent and righteous Indignation,
.he pardon of criminals, whom his
has sent abroad in tue
and, like Egyptian pests-but this
iaerant and imexcuSable act crowns
With a great aud shameful climax,
ts long train of precedent abuses.
Though mercy tdlleth from Heav-
IN, like the gentle dew, and Is twice
blessed yet, When It is used to strike
he shackles from one, whom the
supreme Court brands as an ''as-
assin," upon his own testimony, it 9
3 more than strained and on the
lay when the prison gates oi'ened I
IpOn Thomas, Mississippi, like an
Ither Casar-crOuched aud dying
[ the foot of POmpey's statue, and :
the drawn dagger ia !
,rutus hand-felt herself betrayed
y him, who should have protected
nj loved her bestl 2
a